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propose a plan to grade slopes to control erosion and siltation of the affected lands. Construction <br />Materials Rule 3.1.5(3), 3.1.9(1) and (3). Four States' plan is to grade slopes to IH:1V, and <br />stabilize the soil with commercial polymers until vegetation establishes. Vol. 2, p. 514. The <br />Division advised that, despite its recommendation, Four States' plan satisfies the rules. There is <br />no evidence in the record supporting a different conclusion. <br />Plaintiffs state that Four States failed to present a consistent, definitive description of the <br />depth of mining. Construction Materials Rule 6.4.4(f) requires Four States to submit a narrative <br />and/or map identifying the nature, depth and thickness of the deposit to be mined. Four States <br />identified the depth of the deposit at thirty to one hundred twenty five feet, depending on the <br />points at which it was measured. Vol. 2, p. Sll, Item 7. Four States identified its proposed depth <br />of mining as approximately twenty feet. Yol. 2, p. 532 (Mining of the Lower Level, ¶3). Four <br />States complied with Construction Materials Rule 6.4.4(f). <br />Plaintiffs azgue that Four States failed to identify consistent plans to construct and <br />maintain berms, and that it did not address possible threats to public safety associated with the <br />berms causing flooding problems or changing the course of the river. <br />The Division's Allen Sorenson, a geological engineer who specializes in floodplain <br />issues, examined Four States' plans. Vol. 3, p. 1139. Mr. Sorenson rejected the notion that the <br />berms would create a threat to public safety. Vol. 3, p. 1140, 1149-50. Four States is required to <br />constmct and maintain temporary berms for use during mining to comply with county <br />requirements. Vol. 3, p. 1092. These berms must be constructed with gaps to accommodate <br />floodwater flow. Vol 2, p. 535, Vol 3, p. 1110. So, the berms aze designed to ensure that they <br />do not increase floodwater velocity or quantity. Vol. 3, p. 1110, 11 S0. <br />19 <br />